Terms of Service

Last updated: 2026

These Terms of Service (the "Terms") form a binding legal agreement between you and Markyto Technology ("Markyto", "we", "us", or "our") governing access to and use of Markyto EMS, our websites, mobile applications, APIs, voice and AI features, and any related software and services (collectively, the "Service"). By creating an account, clicking to accept, or accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you accept these Terms on behalf of a company or other organization (the "Customer"), you represent that you have authority to bind that organization, and "you" refers to that organization. The individual administrator who registers an account is responsible for actions taken under the workspace.

1. Definitions

• "Customer Data" means data, files, records, and content that you or your authorized users submit to or generate within the Service.
• "Authorized Users" means employees, contractors, clients, or agents you permit to access your workspace.
• "Subscription" means a paid or trial plan that defines features, usage limits, and the billing cycle.
• "AI Features" means voice assistant, automation, content generation, lead and work agents, and other machine-learning-assisted functionality.
• "Subprocessor" means a third party engaged by Markyto to support delivery of the Service (for example hosting, email, analytics, or AI providers).

2. The Service

Markyto EMS provides multi-tenant software for HR, project delivery, client collaboration, billing, and AI-assisted workflows. Features, limits, and availability vary by Subscription plan and may change over time. We may add, modify, or discontinue features, and we strive to give reasonable notice of material adverse changes to paid features.

3. Eligibility

You must be at least the age of majority in your jurisdiction and capable of forming a binding contract. The Service is intended for business use by organizations and their Authorized Users, not for personal or consumer purposes.

4. Accounts and security responsibilities

You are responsible for safeguarding login credentials, API keys, and all activity that occurs under your workspace and Authorized User accounts. You must configure role-based access appropriately, promptly deactivate users who no longer require access, and notify us without undue delay if you suspect unauthorized access. You are responsible for maintaining the confidentiality of credentials you control and for using available security controls (such as strong passwords and least-privilege roles).

5. Acceptable use

You agree not to, and not to permit any Authorized User or third party to:

• access the Service in violation of law or to store or transmit unlawful, infringing, defamatory, or harmful content;
• attempt to gain unauthorized access to the Service, other tenants, or related systems, or probe, scan, or test the vulnerability of the Service without our prior written consent;
• interfere with or disrupt the integrity or performance of the Service, introduce malware, or circumvent usage limits, rate limits, or security controls;
• reverse engineer, decompile, or copy the Service except to the extent expressly permitted by applicable law;
• resell, sublicense, or provide the Service to third parties except to your Authorized Users as intended;
• use the Service to send unlawful communications, or to violate employment, privacy, anti-spam (including CASL), or data-protection laws;
• use automated means to scrape or extract data beyond documented APIs, or use the Service to build a competing product.

We may investigate suspected violations and may suspend or restrict access to protect the Service, other customers, or third parties.

6. AI features and acceptable AI use

AI Features may generate text, summaries, suggestions, actions, and other output. AI output can be inaccurate, incomplete, biased, or otherwise unsuitable, and may not reflect current facts. AI output is provided for assistance only and does not constitute legal, financial, HR, medical, or professional advice. You are responsible for reviewing, verifying, and approving any AI-generated content or action before relying on it, and for ensuring its use complies with applicable law.

Where AI Features rely on third-party model providers, your administrator may supply the organization's own API credentials. Such use is also governed by the provider's terms, and paid provider usage is your responsibility. You must not submit content to AI Features that you are not authorized to process, and you must comply with applicable consent and notice requirements for employees and individuals whose data is processed. You retain accountability for decisions made using AI Features.

7. Customer Data and license

As between the parties, Customer Data belongs to you. You grant Markyto a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, maintain, and improve the Service, to prevent or address technical or security issues, and as required by law. We may create and use aggregated and de-identified data that does not identify you or any individual to operate and improve our products. Our handling of personal information is further described in our Privacy Policy.

You represent and warrant that you have all rights, consents, and lawful bases necessary to submit Customer Data to the Service and to authorize its processing as described in these Terms. You are responsible for the accuracy, quality, and legality of Customer Data and the means by which you acquired it.

8. Data security

Markyto maintains administrative, technical, and organizational safeguards designed to protect Customer Data, including encryption in transit, application-layer multi-tenant isolation scoped by company, role-based access controls, and audit logging of sensitive actions. You can learn more on our Security page.

Security is a shared responsibility. While we work to protect the Service, no method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for the security of your endpoints, credentials, network, integrations, and the configuration choices you make within the Service. We do not warrant that the Service will be free of vulnerabilities or that security measures will prevent all unauthorized access, loss, or misuse.

In the event we become aware of a confirmed security breach affecting your Customer Data, we will notify you without undue delay as required by applicable law and provide information reasonably available to help you meet your own legal obligations.

9. Third-party services and subprocessors

The Service relies on Subprocessors and may integrate with third-party products that you choose to enable. We engage Subprocessors under agreements intended to protect Customer Data, but we are not responsible for the acts, omissions, availability, or security of third-party products that we do not control. Your use of third-party integrations is governed by the relevant third party's terms, and you authorize the exchange of data necessary to enable integrations you turn on.

10. Subscriptions, billing, and taxes

Paid plans renew automatically for successive periods at the then-current rates according to the billing cycle selected at checkout, unless cancelled before the renewal date. You authorize us and our payment processors to charge your payment method for all fees. Fees are exclusive of taxes, and you are responsible for applicable taxes other than taxes on our net income. Except where required by law, fees are non-refundable and payments are non-cancellable. We may change pricing on renewal with notice. Failure to pay may result in suspension or termination.

Trial terms, usage limits, and any promotional conditions are described at the time of registration or on the pricing page and may be modified or withdrawn. Overage, usage-based, or AI provider charges, where applicable, are billed in addition to subscription fees.

11. Intellectual property

Markyto and its licensors own all right, title, and interest in and to the Service, including all software, models, designs, trademarks, and documentation, and all related intellectual property rights. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription, subject to these Terms. No rights are granted except as expressly stated. If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.

12. Confidentiality

Each party may access the other's confidential information. The receiving party will use the same degree of care it uses for its own confidential information (and no less than reasonable care), use it only to perform under these Terms, and not disclose it except to representatives who need to know and are bound by confidentiality. This does not apply to information that is public, independently developed, or lawfully received from a third party, or to disclosures required by law.

13. Service availability

We aim to provide a reliable Service but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, updates, or factors outside our control. Unless a separate written service-level agreement is in place, the Service is provided without an availability commitment.

14. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or that the Service will be secure, uninterrupted, error-free, or that AI output will be accurate or reliable. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

15. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business interruption, arising out of or relating to the Service or these Terms, even if advised of the possibility. To the maximum extent permitted by law, Markyto's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the amounts actually paid by you to Markyto for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. These limitations apply regardless of the theory of liability and form an essential basis of the bargain. Some jurisdictions do not allow certain limitations, so some may not apply to you.

16. Indemnification

You will defend, indemnify, and hold harmless Markyto and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) Customer Data and your use of it; (b) your or your Authorized Users' use of the Service in violation of these Terms or applicable law; (c) your use of AI Features and reliance on AI output; or (d) your violation of any third-party right. We will notify you of the claim, allow you to control the defense (without settling in a way that imposes obligations on us without consent), and provide reasonable cooperation.

17. Suspension and termination

You may stop using the Service and cancel your Subscription at any time, effective at the end of the current billing period. We may suspend or terminate access immediately if you breach these Terms, fail to pay, create risk or legal exposure for us or others, or if required by law. We may also terminate for convenience with reasonable notice. Upon termination, your right to use the Service ends. Provisions that by their nature should survive (including data, intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and governing law) survive termination.

18. Data export and deletion

During an active Subscription you may export Customer Data using available features. Following termination, we will make Customer Data available for export for a limited period as described in our policies or applicable agreement, after which we may delete or anonymize it in the ordinary course, subject to legal retention requirements and backup cycles. You are responsible for retaining your own copies of Customer Data.

19. Compliance with laws and export

Each party will comply with laws applicable to its use or provision of the Service, including privacy, employment, anti-spam, and trade-control laws. You represent that you and your Authorized Users are not subject to sanctions or located in an embargoed jurisdiction, and you will not use the Service in violation of export-control laws.

20. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by reasonable means, such as posting the updated Terms with a new effective date or notifying you in-product or by email. Changes are effective when posted unless otherwise stated. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service.

21. Force majeure

Neither party is liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, outages, denial-of-service or other attacks, failures of third-party providers, labor disputes, war, terrorism, or governmental action.

22. Governing law and dispute resolution

These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. Subject to the following, the parties submit to the exclusive jurisdiction of the courts located in Manitoba, Canada. Before filing a claim, the parties will attempt in good faith to resolve any dispute informally by contacting each other. To the extent permitted by law, you agree that any dispute will be resolved on an individual basis and waive any right to participate in a class or representative action. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

23. General

These Terms, together with our Privacy Policy and any order or plan terms, constitute the entire agreement between the parties regarding the Service and supersede prior agreements on the subject. If any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries. Notices to you may be given in-product or by email; notices to us must be sent to the contact below.

24. Contact

Markyto Technology
26 Orchard Way, Brandon, MB R7A 7S9, Canada
Questions about these Terms: hello@markyto.com

See also our Privacy Policy and Security page.